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2002-0420 t City of Southlake, Texas RESOLUTION NO. 02-042 OFFICIAL RECORD RESOLUTION DENYING TXU GAS DISTRIBUTION'S REQUEST TO CHANGE RATES IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM; REQUIRING PROMPT REIMBURSEMENT OF CITIES' RATE CASE EXPENSES WHEREAS, on or about March 1, 2002, TXU Gas Distribution, a division of TXU Gas Company filed with the City of Southlake a Statement of Intent to change gas rates in all municipalities within the North Texas Metroplex Distribution System effective April 5, 2002; and WHEREAS, the City of Southlake suspended the effective date of the proposed new rates for 90 days to evaluate the reasonableness of existing rates and the merits of TXU's proposed changes; and WHEREAS, the City of Southlake participated with other municipalities in a comprehensive review of TXU Gas Distribution's application; and WHEREAS, consultants and counsel retained by the coalition of cities have recommended denial of the Company's application based upon a report from consultants demonstrating that the revenue requirement of the North Texas Metroplex Distribution System is being met under current rates; and WHEREAS, that recommendation has been endorsed by the Steering Committee of city representatives who have coordinated the review of TXU Gas Distribution's rate application; and WHEREAS, the Gas Utilities Regulatory Act provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE that: I The TXU Gas Distribution's Statement of Intent to change gas rates within the North Texas Metroplex Distribution System be in all respects denied. 2. The costs incurred by Cities in reviewing TXU's application be promptly reimbursed by the Company. 3. A copy of this resolution, constituting final action on TXU's application be sent to Autry Warren, Rates Manager, TXU Gas Distribution, 1601 Bryan Street, Dallas, TX 75201- 3402. PASSED AND APPROVED THIS THE /1DAY OF C)Ul,1t-. 2002 1 City of Southlake Resolution No. 02-042 Page 2 OS11111111", OveH.Lgktc%,, yO•••• ••••••' fir% ATTEST: )A. • fi V M 0)J i w 01 dim Bush A 'ng City Secretary Pa Mayor, ck Stacy -